In short: sta­tis­tics about the increas­ing ratio of lawyers over 70 in active prac­tice, on the one hand, and the gen­er­al inci­dence of Alzheimer’s and oth­er demen­tias, on the oth­er, lead David to point out an increas­ing like­li­hood that some lawyers may be prac­tic­ing in less than ide­al con­di­tions for their clients, beyond a rea­son­able “brain age”. The ques­tion then becomes: who and how can solve this prob­lem, which is only going to grow giv­en demo­graph­ic trends?.

We are not legal experts, but would like to inform the debate by offer­ing 10 con­sid­er­a­tions on healthy aging and job per­for­mance from a neu­ropsy­cho­log­i­cal point of view, that apply to all occu­pa­tions:

1- We should talk more about change than about decline, as Sharon Beg­ley wrote recent­ly in her great arti­cle on The Upside of Aging — WSJ.com (sub­scrip­tion required).

2- Some skills improve as we age: In our “Exer­cis­ing Our Brains” Class­es, we typ­i­cal­ly explain how some areas typ­i­cal­ly improve as we age, such as self-reg­u­la­tion, emo­tion­al func­tion­ing and Wis­dom (which means mov­ing from Prob­lem solv­ing to Pat­tern recog­ni­tion). As a lawyer accu­mu­lates more cas­es under his/ her belt, he or she devel­ops an auto­mat­ic “intu­ition” for solu­tions and strate­gies. As long as the envi­ron­ment doesn’t change too rapid­ly, this grow­ing wis­dom is very valu­able.

4- Now, there is a key dif­fer­ence between not remem­ber­ing where I put my car keys today…which hap­pens to all when we are too absorbed in some­thing else and is not by itself a big deal…and not remem­ber­ing why I need keys to open my car. Some­times we tend to wor­ry too much.

5- Stud­ies have shown a tremen­dous vari­abil­i­ty in how well peo­ple age and how, to a large extent, our actions influ­ence the rate of improve­ment and/ or decline. Our aware­ness that “it’s not all doom and gloom” and that there’s much we can do is impor­tant. You may want to learn more with our Exer­cise Your Brain DVD. You can also learn more on the Suc­cess­ful Aging of the Healthy Brain: a beau­ti­ful essay by Mar­i­an Dia­mond on how to keep our brains and minds active and fit through­out our lives.

7- In terms of men­tal stim­u­la­tion, we must ensure we engage with activ­i­ties that pro­vide us nov­el­ty, vari­ety and con­stant chal­lenge to exer­cise and cross-train our “men­tal mus­cles” (cog­ni­tive and emo­tion­al skills). This is our best “brain food”.

8- Com­put­er-based brain exer­cise pro­grams are great vehi­cles or tools to help us with our stress man­age­ment (here) and men­tal stim­u­la­tion (here) needs, as com­pli­ments to oth­er activ­i­ties in our dai­ly lives. This is why you are read­ing more about the Brain Fit­ness move­ment these days, ground­ed on the research behind adult neu­ro­plas­tic­i­ty (Brain Fit­ness Glos­sary). And, of course, why we launched our Brain Fit­ness Cen­ter.

9- Retire­ment?: baby boomers (and many healthy adults over 62!) want to remain active and men­tal­ly stim­u­lat­ed beyond arbi­trary retire­ment ages. Giv­en demo­graph­ic trends, this will cre­ate a large group of peo­ple work­ing in the 60s, 70s, 80s… and soci­ety at large will have to adapt its edu­ca­tion, health and employ­ment poli­cies to ben­e­fit from this trend.

10- With a chal­lenge being that, by def­i­n­i­tion, and going back to the legal pro­fes­sion dis­cus­sion, a per­son with Alzheimer’s is not aware of his or her con­di­tion. One of the affect­ed areas are the frontal lobes and our so-called exec­u­tive func­tions, such as the abil­i­ty to self-mon­i­tor one­self. That being the case, maybe legal firms and trade asso­ci­a­tions will need to set up peri­od­ic and exter­nal neu­ropsy­cho­log­i­cal assess­ments, sim­i­lar to the con­cept of hav­ing to pass dri­ving tests, to ensure that peo­ple in active prac­tice pos­sess the min­i­mum abil­i­ties required to per­form their duties (some of those abil­i­ties will be gen­er­al, and some spe­cif­ic for each occu­pa­tion).

There is evi­dence accru­ing that con­sci­en­tious­ness as a cul­ti­vat­ed lifestyle habit and trait actu­al­ly coun­ters cog­ni­tive changes due to demen­tia-caus­ing plaques and changes in the brain due to Alzheimer’s dis­ease. Check out the arti­cle at http://www.sciencedaily.com/releases/2007/10/071001172828.htm on “Goal Ori­ent­ed Peo­ple May Avoid Alzheimer’s Dis­ease”.

Thanks James, will take a look at the release and track the study. There is a lot of evi­dence that men­tal exer­cise in gen­er­al can help delay Alzheimer’s relat­ed symp­toms, which seems con­sis­tent with that head­line.

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